Legal Question in Wills and Trusts in Maine

My husbands great aunt passed away over a year ago, the 2 executer shad to seek counsel as one will not speak to the other. One executer has delayed every move to distribute the estate in a very clearly defined will. What rights do the heirs of the estate have as there have been monies spent from the estate due to procrastination and inability to approve moving forward by one of the executors.


Asked on 12/27/14, 8:27 am

1 Answer from Attorneys
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

An estate can often take years to administer even under agreeable circumstances due to the need for the Court to be involved in certain aspects. In the event of a dispute between the executors, the Court will need to be involved to a greater extent. The executors have a fiduciary duty to the heirs reasonably administer the estate, so if one or more heirs feel that is not being done, they are entitled to retain counsel and file a pleading with the Probate Court on that basis. Ironically, the heirs' pleading will also add additional time and expense to the estate, so it is important to weigh that option carefully against expected outcomes.

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Answered on 12/29/14, 8:07 am


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